The government charges Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak Bin Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali and Mustafa Ahmed Adam al Hawsawi with attacking civilians, attacking civilian objects, murder in violation of the law of war, destruction of property in violation of the law of war, hijacking or hazarding a vessel, or aircraft, terrorism, and conspiracy in connection with the attacks on 9/11.

The U.S. terrorist attack killed 2,976 persons and a military tribunal will try the accused.

Defense and prosecuting attorney’s are finalizing their arguments and the alleged 9/11 mastermind will return to the military tribunal on Monday. His attorney’s did not indicate weather KSM would remain orderly or attempt to disrupt the courtroom, as the terrorist has done in previous court appearances.

The controversial Cuban detention facility is home to 166 prisoners, exactly 166 more than Mr. Obama promised voters would be on the Island after he was elected. President Obama has trimmed the population by 66 detainees, sent some to their home countries, and some like Said al Shihri, a former Gitmo resident who was released for re-indoctrination training, was killed by Obama’s controversial drone program in Yemen.

A pre-trial press conference revealed details that the government and defense attorney’s will argue in order to gain the upper hand. The clear strategy for the defense will be the CIA’s black sites and the government’s attempt to hide behind national security claims and keep evidence classified. The defense attorney’s plan to argue the information obtained from torture is inadmissible in court and therefore the government’s case should be severely weakened.

On the other hand, the government prosecutor, General Martin, says the evidence is a “rubric of relevance” and “relevance is a good gatekeeper.” He reassured members of the media that the government would not be using any statements obtained through torture. The General also told the media that members of the armed forces and lawyers are doing a good job under tough circumstances.

Attorney General Eric Holder delayed the original Gitmo trial process by trying to move the suspects, including self-professed 9/11 mastermind Khalid Sheikh Mohammed, from the detention facility at Guantanamo Bay, Cuba, to New York to be tried in federal court. Recent polling on this issue finds the majority of Americans supported military tribunals over a federal courtroom in downtown Manhattan, and Gitmo has been preparing the detention facilities for a number of years.

For those thinking justice delayed is justice denied, may feel the taxpayers’ tab for a military trial isn’t what they expected. The last criminal trial that was held in New York City came with a price tag of more than $200 million per year. Taxpayers should also know the last federal trial of the 20th hijacker, Mohammad al-Qahtani took four years to complete and it is now more than 11 years since the 9/11 terrorist attack.

The “Laws of War Covenants and Treaties” under which KSM and others are being charged, state in their preambles that they are agreements between countries, not political or criminal organizations. Seemingly, the 9/11 attackers were an organization that was also not a signatory to the “Laws of War” and other international covenants or treaties. While most American’s would agree their actions were evil and criminal, the acts of a criminal organization do not rise to the acts of nations, therefore, the basic precept of the US government to impose international law seems tenuous.

The members of al-Qaeda conspired as a criminal gang, like drug cartels, to attack multiple western countries for political/religious reasons, not to gain territory of a foreign state. If that is the case, American’s could question the use of drone strikes in sovereign countries (Pakistan, Afghanistan, Yemen and Sudan) since Congress has not declared war against three of these nations. The “Laws of War” require that nation’s control the people within their sovereign territory so other nations cannot impose their wills upon foreign nationals within that sovereign territory that are not acting on behalf of a nation (i.e. separatist movements in Spain, Iraq, Turkey, Iran, Chechen, and now Syria).

International law is used to arrest, hold, and extradite individuals within a sovereign nation at the request of another sovereign nation (Wikileaks, Blind Sheik), but the “Laws of War” are not an instrument of use for individual criminal acts. Even military leaders or state leaders are only subject to international convention and the “Laws of War” because their countries are signatories of the covenants. For example, Libya is refusing to turnover Gadhafi’s son to The Hague for trial because the state is willing to try him under its laws just as Iraq did with brutal dictator Saddam Hussein.

Critics argue that the Guantanamo defendant’s actions, regardless how heinous, amount to nothing more than international criminal actions and if the acts had been committed in the U.S. they would be tried under federal law, just as Jose Padilla was in 2002.

As the weeklong trial unfolds several questions will be posed. For instance what exactly is the government’s standard of proof? In a “rule of law” society, as the American Constitution intended, the government must prove some basics: The Sixth Amendment requirement of a speedy trial by an impartial jury of their peers, in the district wherein the crime occurred, and the defendant’s ability to confront their accusers (and evidence). If they are charged with federal crimes, as civilians, they are to appear in a federal courtroom. (Note: KSM wasn’t arrested in the U.S., the government “snatched and grabbed” him in Pakistan).

If the government prevails in its prosecution under tribunals of non-combatants vice following the “rule of law” it is conceivable it could undermine America’s capability to apply the law equally under Lady Justice’s purview and American jurisprudence may forever be tainted.

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It’s just been revealed that 10-20,000 shoulder-to-air missiles capable of bringing down a civilian airplane are missing in Libya and most likely in the hands of al-Qaeda or their affiliates.

Anti-Libya War critic Dennis Kucinich (D-OH) blasted those testifying about the four murdered Americans, including Ambassador Chris Stevens and two SEALs, at the Congressional hearings a short time ago.

The 9/11/12 terrorist attack on the Benghazi consulate prompted widespread concerns for American interests in the region and outrage from several congressional members. Kucinich called the Obama administration’s war in Libya unconstitutional and questioned Congress’ ability to curtail the illegal war efforts in multiple countries.

Kucinich also asked Eric Nordstrom, the former Libyan Security Officer for the State Department if al-Qaeda has strengthened in the region as a result of the U.S. war and drone attacks. He replied, “yes.”

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Border Patrol agent Nicolas Ivie’s tragic death outside Naco, Arizona earlier this week should not be handled as political football for Washington’s spin mills.

On October 2, the desert was quiet, well lit under a day old full moon, when gunfire erupted. It’s been reported that three Board Patrol agents responded to a tripped ground sensor, set to warn agents of intruders north of the U.S. border. The Federal Bureau of Investigation (FBI) claims Border Patrol agents were somehow separated, took defensive positions and began shooting at one another under a dark Arizona night. At 1:30 am the moon would have been near its zenith and 95-98 percent brightness. It was not dark.

However, many agents are not buying the friendly-fire theory. “One of the first things agents learn when they attend the Border Patrol Academy is ‘situational awareness’ and knowing where their partners are located in relation to a possible smuggling scene,” according to a source that wishes to remain anonymous for fear of retaliation. “It’s also interesting that the FBI is not talking about the four sets of footprints, three heading south to Mexico and one set headed east toward highway 80 to Douglas.”

Carol Capas, spokesperson for the Cochise County Sheriff’s Department confirmed that agents were tracking footprints at the scene. And backing-up this story is a Reuters report a day after the murder that said, “Mexican troops arrested two men on Wednesday suspected of involvement in the killing of a U.S. Border Patrol agent shot dead in Arizona while responding to a tripped ground sensor, Mexican security officials said.” There are also reports that Mexican authorities found the body of another suspect dead, shot in the head twice, suicide they say.

“While it is important to emphasize that the FBI’s investigation is actively continuing, there are strong preliminary indications that the death of United States Border Patrol Agent Nicholas J. Ivie, 30 and the injury to a second agent were the result of an accidental shooting incident involving only the agents,” said FBI spokesperson James Turgal.

Why is the administration so quick to protect the cartels or smugglers as they did in the Brian Terry murder case? Terry was gunned down by Mexican rip crew bandits who often rob other smugglers or illegal immigrants crossing the border into the U.S. It’s been nearly two years since the December 2010 murder and the only thing that has been confirmed is two of the weapons recovered came from the failed gunwalking program “Fast and Furious.” An underreported fact is FBI officials removed a third weapon at the murder scene because it belonged to one of their informants, which was allegedly not inventoried in the Terry case. (Link story) Why?

Those familiar with crime scene procedures agree the Terry murder scene was mishandled from the beginning.

Typically murder/crime scenes are cordoned off, extensively photographed, statements are taken and within a few days the autopsy is released to media – law enforcement pursues and arrests its perpetrator and a trial commences. Yet, two years later the Terry family is still waiting for answers? As the country watched the Obama administration try to distort the facts in the Fast and Furious scandal, the same figureheads are orchestrating the Ivie murder investigation. It’s important to remember the country is now less than a month away from Election Day and the political consequences could not be more important.

Additional unconfirmed reports in southern Arizona say Agent Ivie’s final radio transmission said; “we’re taking fire.” Another inconsistency with the friendly fire conclusion is the second agent Johnson was shot in the buttocks and ankle that suggests he was not facing the shooter. Also, if it were an instantaneous exchange of gunfire agent Ivie would not have been able to radio in to the station. According to reports yesterday agent Ivie died instantly with a gunshot would to the head.

Border Patrol agents typically carry a combination of 40 caliber semi-automatic handguns, 12-gage shotguns, M-16 or AR-15 type rifles, while the weapon of choice for smugglers is an AK-47 type rifle. A trained veteran agent would undoubtedly know the difference between the sounds of a handgun, rifle or AK-47. Gun experts have said the wounds to agent Ivie’s head would clearly show if an AK-47 or AR-15 killed agent Ivie.

Also a statement released today indicates a high-powered rifle and handgun were recovered near the scene of the shooting. What are the details surrounding these two “newly reported” weapons? When were they recovered and who exactly found them – information pertaining to the firearms has yet to be released.

Couple all that with the following statement by a fellow Arizona agent; “It was three of our guys checking a sensor and those f******s waited for our guys at the sensor and ambushed them. One had a rifle and the other two had handguns and opened fire. One dead… We busted 10 mules with 10 double bundles of drugs last week. Sounds like retaliation.”

Sheriff Babeu talked about numerous perils agents and law enforcement face on a daily basis. “Bersin and other high level cabinet members acknowledged that there are bounties placed on federal and even local law enforcement members by the drug cartels and (which is consistent with) what we have seen in Pinal County, which is 70 miles north of the border. (Read story here)

The FBI’s friendly fire narrative

On Thursday the FBI, began to leak the possibility of friendly fire. By Friday, mainstream media was reporting the FBI theory without question. Sound familiar?

As we know with the tragic murder of agent Brian Terry in December 2010, the friendly fire scenario was also used. Sources in Arizona believe the FBI may be using the friendly fire story to suppress evidence about this incident. Earlier in the week USA Today reported Cochise County Sheriff Department Commander Marc Denney’s opinion that “It was basically an ambush.”

Looks like the FBI investigators want the residents of Arizona to believe that Border Patrol agents are such rookies they would engage in a firefight with themselves. The FBI isn’t talking about the four sets of footprints. Was there another border patrol agent from the Douglas BP Station? Was there a drug smuggler who had a car nearby? Was he American or a Mexican national? Nobody at the FBI is talking.

Another lingering question that hasn’t been answered is why would the border patrol agents shoot first? The agents are taught to only return fire if they are under fire. There are strict rules of engagement within the border patrol. This rule ensures agents aren’t shooting without imminent danger and agents must account for any missing rounds in their magazines after each shift. Agents say this keeps them accountable.

Border Patrol was founded in 1924, and they have a proud history of not firing their weapons at each other, something the FBI wants to change. Another fact to remember is Customs and Border Protection (CBP) is trying to bring Border Patrol under their agency, something agents are vehemently against.

Nearly two years after agent Terry’s murder, the family, law enforcement and media still don’t have a comprehensive report. What was discovered was the fatally flawed “Fast and Furious” program operated by the Bureau of Alcohol Tobacco and Firearms (ATF) a gunwalking scheme where more than 2,000 high-powered firearms crossed the U.S./Mexico border and into the willing drug cartel hands.

“Leadership failed and everything I’ve learned as a rank-and-file police officer, Army private and field grade officer; whoever’s in charge is responsible in the end. Whether he knew it or whether he should have known, Eric Holder (the nation’s top cop at Main Justice) created an environment and a dynamic that resulted in the murder of not only one agent that we can prove, but also hundreds of Mexicans have been killed with Fast and Furious weapons. This guy was not held accountable; he has not resigned so he should be fired. I believe he, and others in the government, should be held accountable even criminally,” Sheriff Babeu concluded.

It’s also important to note that prior to Brian Terry’s murder in Peck Canyon, Border Patrol were engaged in several gunfights with drug smugglers. In 2009, another Border Patrol agent was wounded in Peck Canyon while engaged in a firefight with rip crews. And yet, agent Terry carried bean bag rounds in his weapon, reportedly a memo from DHS Secretary Janet Napolitano stated agents were to use less-than lethal force against smugglers.

The families of the fallen agents deserve to know the truth. They deserve to have the investigation unfold without the unmistakable aura of politics being played. If Americans can’t trust the integrity of law enforcement, who can they trust, NCIS Hollywood?

Whether this was friendly fire or enemy fire the families are entitled to the truth. The FBI’s track record seems to be faltering and agent Ivie’s death should not receive the ho hum, nothing is going on here political treatment. Arizonian’s are not buying Department of Homeland Security’s Secretary Janet Napolitano’s story, that the borders are secure, in fact, Cochise County still has murdered rancher, Rob Krentz’s death unsolved. The border fence is far from being finished in Cochise County, much of it remains barbed wire or no fence at all, according to Capas of the Sheriff’s Department.

Just like the recent 9/11 terrorist attack in Benghazi, Libya, the government sought to blame the murders of four Americans on a YouTube video. It took more than a week for the White House to come clean and tell the American people what really unfolded.

Fellow Border Patrol agent Joel Ivie said his brother “was a hero.” And just like agents, Ivie and Terry, the Navy SEALs who died in Libya protecting fellow Americans from a terrorist attack, the families deserve the truth and transparency from their government, whether friendly or enemy. The truth will only prevail if all in law enforcement agencies abide by the “rule of law” 100 percent of the time. The truth is not an inconvenient alternative, it must prevail every time to preserve the trust and honor law enforcement is tasked to uncover.

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Documents recently uncovered from Border Patrol agents highlight the Obama administration’s failure to heed multiple warnings from Border Patrol, local law enforcement, activist groups and border region ranchers that restlessly warned government officials that proposed wilderness reserves would lead to national security breaches and murder.

“We now have further evidence that the Obama administration at every level thinks the border situation is entirely acceptable and they lack full border enforcement security within designated wilderness areas that risks our border patrol agents and law enforcement deputies safety,” said outspoken Pinal county Sheriff Paul Babeu.

Emails, meetings and videotapes reveal the administration was aware of national security issues, agent safety issues, bounties placed on Border Patrol agents by drug cartels, and the trafficking of drugs and humans. The administration was told, they saw it and they acknowledged it, and yet, they moved forward. As a result of their “acceptable risk” policy, Border Patrol agents Brian Terry and Nicolas Ivie were murdered. Yesterday, Cochise County Sheriff spokesperson Carol Capas confirmed agent Ivie was murdered on federal land.

The emails, memo’s and white papers contained serious allegations that national security would be hampered in the wilderness areas along the southern border. There are supporting documents and news reports confirming drug cartels “bounty program” that incentivized smugglers to kill agents along the border.

Emails (FOIAs from NAFBPO), despite extensive government redacting, confirm the administration began talks regarding the expansion and creation of wilderness areas, these proposed new designations went through Department of Homeland Security, Customs and Border Protection, Border Patrol, Department of Interior, Congress and Senate committees. All the agencies were advised of the national security implications and the emails predate Agent Terry’s December 2010 murder.

Email exchanges between agencies include Customs and Border Protection Deputy Commissioner David Aguilar, Chief of U.S. Border Patrol, Michael Fisher, Congressman Udall, Senator Jeff Bingaman, Commissioner of CBP and former drug czar, Alan Bersin, Department of Homeland Security (DHS) as well as the Chamber of Commerce.

The brouhaha behind the FOIAed emails

The brouhaha began with Democrat Senator Bingaman’s S.1689 legislation that sought to expand wilderness areas along the U.S./Mexico border. An example of a memo dated May 10, 2010 between Bingaman’s office and Border Patrol discussed the need for “concessions to law enforcement in S.1689” regarding maps and written impacts on patrolling the border.

Also dated the same day is a “memo with Bingaman press release- that noted the (Obama) administration supported this bill.”

Moving along to May 12, 2010 memos from Border Patrol in Tucson and Albuquerque want info on “snakes in the grass,” DHS talking points and a copy of the talk on border tours.”

Particularly concerning, on May 18, 2010 “Santa Teresa (BP) Office is aware of problems of WSA/WA (wilderness areas). These environmental protections (WA) severely limit BP’s (Border Patrol) ability to carry out its National Security Mission along the international border and surrounding area.” The memo also redacted some changes before it went on to explain, “The wilderness areas has (sic) strict access requirements and covers a large area where enforcement capabilities are limited.”

Luna County Sheriff Raymond Cobos said the wilderness designation would “hamstring effective law enforcement” and Hidalgo County Sheriff Saturnino Madero found it “highly inadvisable” to place such restrictions on his officers.

One of the final emails on June 18, 2010 to Border Patrol was “asking what White House tour should see along the four Border States? And what are the five top challenges.”

In July of 2010, agencies involved with S.1689 and widening the range of wilderness preserves along the southern border hit a bump in the road and revealed, “sit back on it, it is a very sensitive issue of late.”

Unfortunately the questionable program of limiting Border Patrol access to “wilderness preserves” continued and six months later Border Patrol agent Brian Terry was murdered in a shootout by “rip crews” in an Arizona desert. Terry was also following orders stemming from a nonsensical memo from DHS’s Janet Napolitano asking agents to use less than lethal force – rubber bullets – against armed traffickers.

It now appears that DHS didn’t learn its lesson from agent Terry’s death.

Consistent throughout the 500+ pages of emails are repeated warnings from Border Patrol regarding national security and the opposing narrative that the Obama administration was more concerned with protecting the wilderness zones, than agents in the field. Dona Ana County Sheriff Todd Garrison said it would be “the height of folly to place such restrictions on law enforcement in this border area.”

One Border Patrol agent’s comment seemed particularly straightforward, “Do you really think that the coyotes (human traffickers) or drug cartels are going to read a little sign in English/Spanish declaring it is unlawful to enter a federal preserve? No. That means one thing to these banditos, Border Patrol will not be patrolling.” This statement is whispered by a majority of agents and local law enforcement in the field.

“It should not be a surprise that that we have had four Arizona border patrol agents murdered in the last two years and the Obama administration, even some members of the media, do not want us to talk about this (issue) and say we make this political,” Babeu stated. “These are deaths of our heroes!”

The Sheriff responds passionately about the treatment Arizona has garnered by the media and Obama administration. “All law enforcement officials risk their lives in Arizona.” However, he places the recent rash of murders by cartel thugs squarely on the Obama administration, and Janet Napolitano, former Arizona governor and current Secretary at DHS. “The four border states risk their lives to a more significant degree than we need to because of the failures of this administration and bureaucrats who make decisions thousands of miles away without our safety and security in mind. Contrary to Janet Napolitano’s proclamations that the border is more secure than ever, last year in October we had the largest drug bust in Arizona history with “operation pipeline express” that netted nearly $3 billion in product, money and weapons that we seized from the Sinaloa drug traffickers.”

According to the Sheriff and a story this reporter covered (story here) multiple agencies worked jointly to take marijuana, black tar heroin, cocaine and methamphetamines from 76 Sinaloa cartel individuals operating 70 miles north of the Mexican border. Officers’ also recovered 108 weapons, two came from Operation Fast and Furious a national program that let guns walk. “These were not handguns that our police and sheriffs carry, these were scoped rifles and AK-47s, semi automatic weapons. These are all prohibited processors for violent criminals from a foreign country and they think they own the place.”

The recent revelation of Fast and Furious high-powered weapons returning to the U.S. with drug traffickers is the gift that keeps on giving. “So now we have more evidence that these weapons our own government facilitated to the cartels, to be used for fighting, have now been brought back into the United States for use by these felons on our country, “ Babeu lamented.

Emails say tricky language won’t secure the border

No evidence was found to support claims by sponsors of the bill that many field agents had been interviewed and had stated that wilderness restrictions on the border would “be no problem.”

A document dated May 4, 2010 that originated in the El Paso BP Sector, inadvertently escaped some redaction: “If completely realized, the restrictions of the WD (wilderness) will re-define the very nature of how the objectives and elements of the National Strategy are carried out in pursuit of gaining operational control of our nation’s borders.”

Another example was found in a February 10, 2010 email, “Santa Teresa concept of operations. The mission is preventing terrorist and terrorist weapons from entering the US. We operate under the MOU, but the station needs the ability to patrol within the areas (WA) with less restrictions.” Two weeks later a request for Border Patrol statistics and apprehensions, narcotic seizures and general activity along border trails were requested from the Senator’s office.

Contents of the emails concluded that the main issue of wilderness land designations on the border had little to do with national security and public safety. It was driven almost exclusively by political concerns.

In an official CBP letter dated June 1, 2010, CBP Commissioner Alan Bersin (whose March 27, 2010 Easter recess appointment expired at the end of 2011 because he could not get the Senate approval), “expressed his gratitude and appreciation to Senator Bingaman for allowing Border Patrol access to a single east-west road adjacent to the border, authority for hot pursuit of suspects, allowing low level over flights, and for a strip of land five (5) miles wide within which to patrol the US/Mexico border. His letter concludes with the observations that the restrictive language of S.1689 should be a model for future consideration of wilderness designation along the border.”

It was conveniently not noted that the road access was only five miles from the border, that low level flights were authorized, (but not landing), that law enforcement efforts and border security activities could only be conducted in accordance with section 4(c) of the wilderness act.

Leading up to a June 2010 meeting, government officials placed several gag orders to quell media coverage as well as leading opposition groups. The gag order was directed to the office of Border Patrol on May 28, 2010, following a letter to a local news agency by a Mr. Jerry Schickedanz relating the conflict between Brandemuehl and the PIO El Paso Sector. A subsequent inquiry from a graduate student from University of Arizona concerning cooperation between land managers and the Border Patrol caused Headquarters, Border Patrol to instruct the El Paso Sector to “sit back on it.” It is a very sensitive issue of late. This typical gag order instructed that all wilderness questions be forwarded directly to CBP.

More concern for open borders than agent’s lives

The Commissioner is the highest level of authority in the CBP chain of command. This public document conclusively establishes that Bersin favored environmental considerations over national security and public safety. “On Wednesday, Assistant Secretary of International Affairs and Chief Diplomatic Officer for the Department of Homeland Security, Alan Bersin, told a gathering of the United States-Mexico Chamber of Commerce in Washington D.C.: ‘The Guatemalan border with Chiapas is now our southern border,’” written by a fellow Examiner.

This reporter has videotape from 2010 clearly authenticating the higher-ups knew the deadly conditions waiting border agents. A direct question posed to Mr. Bersin in July of 2010, acknowledges border agents had bounties placed on their lives and that CBP was doing everything to protect agents in the field. This was well before the murder of Border Patrol agents Terry and Ivie. “There has been a renewed threat to kill a Border Patrol agent along the border,” Bersin told a roomful of TV cameras. The bounty on agents was issued in the “past two weeks,” according to BP sources.

Border Patrol agents are taking the new threat very seriously. CBP Commissioner Bersin also confirmed the threat that a $250,000 bounty has been placed on law enforcement for a kidnapped or killed agent along the southern border.”

Sheriff Babeu corroborates those statements; “Bersin and other high level cabinet members acknowledged that there are bounties placed on federal and even local law enforcement members by the drug cartels and what we have seen in Pinal County, which is 70 miles north of the border. This continuation is proof of the threat that illegal immigration and drug smuggling have not subsided.”

So why was there little outcry from this obvious threat from drug cartels? Operation Fast and Furious gunwalking scandal documented federal policy that many agents heeded, “you talk about it and you lose your job- retaliation.”

“The responsibility for securing this international border is the core primary responsibility of the United States government and I believe the federal government has failed to do that,” Sheriff Babeu said. “They have failed to adequately protect the citizens of my county and my state. That threat to our country is not just the volumes of illegals and drug cartels, but more importantly, the threat that is posed when people of countries of interest cross our borders. These people harbor or sponsor terrorism and are not friendly to the United States.”

The primary concern for agents is, of course, the bounties placed on their lives for patrolling the border. Justice for murdered agents is extraordinarily slow; the Terry family is still waiting for his murder to reach a trial and government officials to be held accountable. When it was discovered that the New Orleans Saints football team coaches put bounties on the heads of opposing players, the league held the coaches responsible and they were rightly disciplined.

“Leadership failed and everything I’ve learned as a rank-and-file police officer, Army private and field grade officer; whoever’s in charge is responsible in the end. Whether he knew it or whether he should have known, Eric Holder (the nation’s top cop at Main Justice) created an environment and a dynamic that resulted in the murder of not only one agent that we can prove, but also hundreds of Mexicans have been killed with Fast and Furious weapons. This guy was not held accountable; he has not resigned so he should be fired. I believe he, and others in the government, should be held accountable even criminally,” Sheriff Babeu concluded.

As of press time, law enforcement access to wilderness areas remains limited.

*This story is dedicated to the many federal and local law enforcement officers that dedicate their lives to the protection of the nation’s porous borders; especially those who have given their lives protecting America’s rule of law.

**This reporter would like to thank all those who dare to trust the media and the members of NAFBPO who gave their time and money to FOIA the revealing emails contained in this article.

***The National Association of Former Border Patrol Officers (NAFBPO) wish to gratefully acknowledge the contributions of the following persons who provided the expert analysis and conclusions contained in this report, Mr. Frank DuBois, Mr. Jerry G. Schickedanz, PhD, Claude E. (gene) Guyant, Gene Wood and Mr. Robert Trent.

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The TRUST Act’s sponsor Democrat Tom Ammiano said: “California cannot afford to become another Arizona.” However, Governor Jerry Brown disagreed and vetoed AB1081, the TRUST Act that would have essentially made California a sanctuary state for illegal immigrants.

“In the end I think Governor Brown listened to his heart and knew it was wrong to release criminal immigrants into our communities where many will commit more serious crimes,” said Jamiel Shaw Sr., father of murdered 17-year-old Jamiel Shaw Jr.

While the veto sent shock waves throughout the illegal immigrant community, illegal alien criminals hoping to slip by Immigration and Customs Enforcement (ICE) when they are released from prison will be subject to deportation proceedings. Shaw Sr. explained this win is only temporary and Sacramento lawmakers will continue to pander to the Latino community.

“We are satisfied with the outcome, but our job won’t end with the TRUST Act’s failure,” Shaw Sr. somberly explained. “We are already regrouping and will continue to expose lawmakers who try to pass legislation that will harm our American dream.”

Many inner cities in California continue to be ravaged by high crime rates and constant gang-related violence. It’s not common to see victim’s families step up to the challenge and say “no more, not in my community.” But that’s exactly what the Shaw family has done. “We have American pride and our children matter just as much as any other kids in our neighborhood. We will keep up this fight as long as we have to and then we will pass our fight onto our children to ensure our communities are safe from illegal criminals,” Shaw Sr. said.

The TRUST Act would have erased the often-controversial federal Secure Communities (S-Comm) program that was set up under the Department of Homeland Security (DHS) to partner federal (FBI) and local law enforcement agencies to deport illegal immigrants and protect the country’s borders from criminal or possible terrorists seeking respite in the United States.

S-Comm allows local police departments to send arrestee fingerprint data to ICE, which in turn uses the information to prioritize deportations. The program successfully deported 400,000 illegal immigrants last year. But that high number comes with passionate disapproval from Latino organizations and Democrat lawmakers in California.

“Every year there are a barrage of new laws that try to undermine illegal immigration laws already on the books,” Shaw Sr. explained.

Tom Ammiano, a Democrat, said he authored AB1081 to reform California’s participation in the “Secure Communities” program. The hot-button immigration law on the books continues to face criticism from liberals in large cities who say deportations of illegal immigrants is unfair and primarily targets the Latino community. “The vote (to move forward) recognized that S-Comm is sabotaging our public safety,” Ammiano said. “The TRUST Act is the solution we need to begin rebuilding the confidence that our local law enforcement worked so hard to build, but that ICE has shattered.”

Ammiano said after the veto, “this issue is more than a governor’s issue, it think it’s a movement. And I think elected officials sometimes have trouble getting their arms around that.”

Apparently Governor Brown, who vetoed AB1081, didn’t get the California lawmaker’s memo. He explained in his veto statement that the law wasn’t well written and could leave room for more victims of senseless crimes; “I am unable to sign this bill as written. Under the bill, local officers would be prohibited from complying with an immigration detainer unless the person arrested was charged with, or has been previously convicted of, a serious or violent felony. Unfortunately, the list of offenses codified in the bill is fatally flawed because it omits many serious crimes. For example, the bill would bar local cooperation even when the person arrested has been convicted of certain crimes involving child abuse, drug trafficking, selling weapons, using children to sell drugs, or gangs. I believe it’s unwise to interfere with a sheriff’s discretion to comply with a detainer issued for people with these kinds of troubling criminal records.”

The California State Sheriff’s Association couldn’t agree more. They said state and local agencies cannot pick and choose which laws to enforce and said S-Comm only focuses on serious felony and repeat offenders.

One of the bill’s leading opponents, Curtis Hill, legislative representative for the State Sheriff’s association said the TRUST Act would have placed undue burden on deputies in the field. “So is he (the deputy) following federal law? Or is he applying the California law?”

Bill AB1081 passed the state Assembly by a 47-26 vote; the Senate passed the legislation on a 21-13 Democrat party line vote and was vetoed late Sunday night by Governor Brown.

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Shortly before 2 a.m. today, one U.S. Border Patrol agent was killed near Naco, Arizona approximately 8-10 miles north of the U.S./Mexico border. Authorities suspect drug smugglers ambushed three Border Patrol agents on horseback when they responded to tripped sensors agents place underground to alert agents of illegal entry into the U.S.

Brent Cagen, of the Tucson sector Border Patrol released a statement saying, “Border Patrol agents on patrol in Naco, Ariz., were involved in a shooting Tuesday at 1:50 a.m. MST. One agent died from his injuries and another, who sustained non-life threatening wounds, was airlifted to a hospital. The name of the agent who died is being withheld pending notification of next of kin.” A third agent at the scene escaped with no injuries.

According to the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI) and Cochise County Sheriff Department are investigating the shooting and have no suspects in custody. Command post officials say they launched a full-scale manhunt using every vehicle necessary, including helicopters and drones, to locate any potential assailants.

It’s been just about two years since Border Patrol agent Brian Terry was murdered in the same region by a “fast and furious” gun that uncovered the Alcohol Tobacco and Firearms (ATF) gunwalking program that allowed more than 2,000 high-powered weapons into the hands of Mexican drug cartels. Quietly, agents on the ground are concerned that “fast and furious” guns may have been used in this latest incident. So far authorities in charge haven’t released any information regarding the type of guns used or if any guns were left at the scene.

It’s worth noting that most drug smugglers use AK-47s and employ a number of “scouts” throughout the surrounding mountain perches to alert Mexican operatives if Border Patrol agents get too close. The cartels also use numerous high frequency radios to communicate while they traverse the unforgiving desert terrain.

The Naco station is located in the southwestern portion of Arizona, and is a known hot spot for drug and human trafficking. It’s worth pointing out that this recent murder occurred between the Coronado National Monument and the San Bernardino National wildlife refuge. Rancher Rob Krentz was murdered in March of 2010, near the San Bernardino National Wildlife refuge, and Agent Terry was murdered in the same smuggling corridor just north of Naco, Arizona. (Rep. Raúl M. Grijalva (D-AZ), the ranking member of the House Subcommittee on National Parks, Forests and Public Lands, speaks against Republican Rep. Rob Bishop’s bill to waive dozens of environmental laws within 100 miles of the U.S. borders and put the Department of Homeland Security in charge. This press conference took place outside the U.S. Capitol building on June 19, 2012.)

George McCubbin, president of the National Border Patrol Council, the union represents approximately 17,000 agents, criticized claims that the border is secure. “Secretary Janet Napolitano has traveled around the country saying the border is more secure than it has ever been,” McCubbin said at a July 26 press conference. “We do not believe that to be the case. She relied on information and statistics provided to her by those with an interest in having them reflect whatever position the administration wants them to reflect.” DHS has not returned any phone calls or released any statements regarding the murdered Border Patrol agent.

According to President Obama, the borders are more secure than ever and he used that statement to issue an executive order granting amnesty to illegal alien “dreamer” children who were brought to this country illegally by their parents.

Senator Chuck Grassley (R-Iowa) who lead the charge demanding answers from Department of Homeland Security (DHS), Border Patrol and ATF regarding the murder of BP agent Brian Terry who was killed by drug smugglers in December of 2010, was saddened by the news. Grassley said “no way to know at this point how the agent was killed. But because of Fast and Furious, we’ll wonder for years if the guns used in any killing along the border were part of an ill-advised gunwalking strategy sanctioned by the federal government. It’s a sad commentary.”

So far this year there have been three Border Patrol agents killed in the line of duty.

The borders remain unsecure

A spokesperson for Secure Border Intel said the latest murder only illustrates how unsecure the southwest border region remains and that smugglers continue to employ Wild West tactics to ensure their drugs reach the U.S. consumer.

“This comes shortly after US BP Agents shot the driver of a vehicle loaded with drugs (shot taken from a Blackhawk helicopter) after the suspect crashed into USBP vehicle attempting to block its path. The smugglers used a ramp truck to breach the fence and a load vehicle painted to match a USBP sensor truck. The smugglers hold the high ground still in most of southern Arizona. They know where the Border Patrol has ground sensors and are able to monitor USBP encrypted radio communications. And due in part to the criminally incompetent actions of the ATF, they are well armed. Agents have to rely on their own tricks and tactics to out maneuver the bad guys. These armed bandits are a common sight in the mountains and canyons in southern Arizona.”

The link below shows recent smuggling traffic north of Nogales, Arizona. Drugs, illegal aliens and individuals who leave supplies along the trails for smugglers are caught on camera in broad daylight. “Our borders are still not secured,” according to Secure Border Intel.

A retired law enforcement agent and resident near the murder scene, that didn’t want his name published for fear of retaliation, said a steady stream of drugs and humans pass through the south west region of Arizona and claims Border Patrol doesn’t even respond to calls from residents. “You better believe there are plenty of opportunities for agents to apprehend the bad guys, but they are told not to bring in the illegals. The border is not secure and this latest murder is proof the government is failing to protect Americans.”

This particular drug smuggling corridor is reportedly “owned and operated” by the Sinaloa drug cartel, Mexico’s most profitable trans-border drug organization run by “Chapo” Guzman, who made the Forbes most wealthy list this year.

Statement by National Association of Former Border Patrol Officers (NAFBPO)

Early this morning, Tuesday, October 2, two Border Patrol Agents were shot. One, whose name we do not yet know, was killed. The shootings reportedly took place eight miles north of the international border with Mexico, near the town of Naco, Arizona. The agents were thought to be responding to sensor alerts. Drugs may have been involved but we lack any further details at this moment. We note the cruel irony that this murder takes place within a week after the Border Patrol station at Naco, Arizona, was named for Brian Terry, an agent who was killed by transnational criminals near Rio Rico, AZ in December 2010.

What is clear is this: yet again, an agent has been murdered and another wounded. Despite assurances from this administration that the border is secure and under control, it remains a dangerous place, far too open to smuggling, controlled as much by the transnational criminals as by the United States.

In recent years NAFBPO has argued against the baseless claims that the border is under control. It is not, and this murder offers one more example of that sad fact. Furthermore, for some time NAFBPO has been certain that as pressure on drug smuggling routes in the Nogales/Tucson corridor increases the transnational criminals will move to areas further east that are less heavily monitored. This event supports that conclusion.

Despite the clear probability that transnational criminals will move their operations to less patrolled areas, some environmental groups in New Mexico want to establish wilderness areas or a national monument in Dona Ana County, adjacent to the border. If that is done, the Border Patrol will be hampered in its operations. NAFBPO is baffled at the invitation being extended to the lawless elements that would certainly expand their operations in a protected area so close to the Mexican border.

The border insecurity that exists now is a national security and a public safety issue that must be addressed in serious fashion, not with hollow statements from the Department of Homeland Security that all is well. It demonstrably is not.

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A U.S. Border Patrol agent has been killed outside Naco, Arizona in the early hours of October 2. Suspected drug smugglers have shot two agents and authorities in the region are not commenting on the condition of the second injured agent who was airlifted to the hospital.

The Federal Bureau of Investigation (FBI) and Cochise County Sheriff Department is investigating the shooting. The Cochise Sheriff Department’s outspoken Sheriff, Larry Dever was recently killed in a single car accident.

It’s been just about two years since Border Patrol agent Brian Terry was murdered by a “fast and furious” gun that uncovered the and Alcohol Tobacco and Firearms (ATF) gunwalking program that allowed more than 2,000 high-powered weapons to fall into the hands of Mexico drug cartels.

The names of the agents have not been disclosed. Check for further details as the story is still breaking.